Materials costs are skyrocketing! The obvious resulting dilemma with a fixed price contract is if the contractor must absorb these increased costs and cannot change the total contract price, the project could become unprofitable. We have fielded many recent requests concerning what homeowners can do when they are a party to a fixed price (“Turnkey”)…
The best way to avoid payment issues is to negotiate the payment terms and conditions of the contract, as well as the remedies of the parties from the beginning. But of course, unfortunately, there are times a general contractor (“GC”) is slow to pay or fails to pay its subcontractors. If you are a subcontractor…
Construction Costs Have Soared OSB is now running a minimum of $100 a sheet. Studs are $10 each. Metal is responding with similar gains for framing and piping. All systems of both residential and commercial construction are going skyward with no relief in sight. Appraisals are not in line with cost to build. There is…
Let’s face it – no client enjoys receiving their attorney’s bill at the end of the month. We as attorneys love to joke by saying clients hate us until they need us – then they hate us again after the bill arrives. There is hope. You can lower your attorney’s fees bills by one simple…
Whether you are a homeowner or a contractor, Chapter 27 of the Texas Property Code, also known as the Residential Construction Liability Act (“RCLA”), applies to you if there is a dispute regarding alleged construction defects at your home or the home you built/performed construction work. Does not sound like something good, to have to…
Limited Liability Company: A limited liability company (LLC) is not a partnership or a corporation. An LLC is a distinct type of entity that has the powers of both a corporation and a partnership. LLCs are very common these days and we definitely set up more LLCs than any other business structure. The owners of…
I’m sure all of your experienced some type of distress or property damage from the recent winter storm. I actually had a roof leak develop in my dining room and multiple outside faucets sporting “ice beards” of frozen water. I couldn’t find my homeowner’s insurance policy, so I just called the insurance company and started…
Corporations. Most people are familiar with big corporations that make products or provide services we all regularly use, such as Ford and American Airlines. However, the corporate business structure is also available to individuals. In Texas, a corporation is created by filing a Certificate of Formation with the Texas Secretary of State and paying the…
There are certain areas of construction for both developers and subcontractors that we know asattorneys are consistent problem areas. Today, I am going to focus on the most sensitive area whichcauses probably the most grief for everyone involved – paying and getting paid. On the owner/developer side, we see issues of subcontractors not performing to…
